WEST virginia legislature
2020 regular session
Introduced
Senate Bill 634
By Senators Prezioso, Stollings, and Romano
[Introduced January 28,
2020; referred
to the Committee on Government Organization]
A BILL to amend and reenact §29-3-5b of the Code of West Virginia, 1931, as amended, relating to authorizing a municipality to adopt and enforce the most recent edition of the ICC International Property Maintenance Code.
Be it enacted by the Legislature of West Virginia:
ARTICLE 3. FIRE PREVENTION AND CONTROL ACT.
§29-3-5b. Promulgation of rules and statewide building code.
(a) The State Fire Commission shall propose rules for legislative approval in accordance with the provisions of §29A-3-1 et seq. of this code to safeguard life and property and to ensure the quality of construction of all structures erected or renovated throughout this state through the adoption of a State Building Code. The rules shall be in accordance with standard safe practices so embodied in widely recognized standards of good practice for building construction and all aspects related thereto and have force and effect in those counties and municipalities adopting the State Building Code: Provided, That each county or municipality may adopt the code to the extent that it is only prospective and not retroactive in its application.
(b) The State Fire Commission may propose rules for legislative approval in accordance with the provisions of §29A-3-1 et seq. of this code, regarding building construction, renovation and all other aspects as related to the construction and mechanical operations of a structure. The rules shall be known as the State Building Code.
(c) The State Fire
Commission shall propose a rule for legislative approval in accordance with the
provisions of article three, chapter twenty-nine-a of this code to include
building energy codes in the State Building Code
(d) (c) (1) The State Fire Commission may propose
rules for legislative approval, in accordance with the provisions of §29A-3-1 et
seq. of this code, establishing state standards and fee schedules for the
licensing, registration, certification, regulation and continuing education of
persons which will conduct inspections relating to the State Building Code,
which include, but are not limited to, building code officials, inspectors, and
plans examiners. and home inspectors
(2) The State Fire Commission shall propose rules for legislative approval requiring applicants for home inspector licensing, registration or certification to submit to a state and national criminal history record check as set forth in this section and may deny licensing, registration or certification based upon the results of the criminal history record check.
(e) (d) The State Fire Commission may establish
advisory boards as it considers appropriate to encourage representative participation
in subsequent rulemaking from groups or individuals with an interest in any
aspect of the State Building Code or related construction or renovation
practices.
(f) (e) For the purpose of this section, the term
“building code” is intended to include all aspects of safe building
construction and mechanical operations and all safety aspects related thereto.
Whenever any other state law, county or municipal ordinance or regulation of
any agency thereof is more stringent or imposes a higher standard than is
required by the State Building Code, the provisions of the state law, county or
municipal ordinance or regulation of any agency thereof governs if they are not
inconsistent with the laws of West Virginia and are not contrary to recognized
standards and good engineering practices. In any question, the decision of the
State Fire Commission determines the relative priority of any such state law,
county or municipal ordinance or regulation of any agency thereof and
determines compliance with State Building Code by officials of the state,
counties, municipalities and political subdivisions of the state.
(g) (f) Enforcement of the provisions of the State
Building Code is the responsibility of the respective local jurisdiction. Also,
any county or municipality may enter into an agreement with any other county or
municipality to provide inspection and enforcement services: Provided,
That any county or municipality may adopt the State Building Code with or
without adopting the BOCA National ICC International Property
Maintenance Code.
(g) Notwithstanding any other provisions of this section to the contrary, a municipality may adopt and enforce the most recent edition of the ICC International Property Maintenance Code.
(h) After the State Fire Commission has promulgated rules as provided in this section, each county or municipality intending to adopt the State Building Code shall notify the State Fire Commission of its intent.
(i) The State Fire Commission may conduct public meetings in each county or municipality adopting the State Building Code to explain the provisions of the rules.
(j) The provisions of the
State Building Code relating to the construction, repair, alteration,
restoration and movement of structures are not mandatory for existing buildings
and structures identified and classified by the State Register of Historic
Places under the provisions of §29-1-8 of this code or the National Register of
Historic Places, pursuant to 16 U. S. C. §470a. Prior to renovations regarding
the application of the State Building Code, in relation to historical
preservation of structures identified as such, the authority having
jurisdiction shall consult with the Division of Culture and History
State Historic Preservation Office of the Department of Arts, Culture and
History. The final decision is vested in the State Fire Commission.
Additions constructed on a historic building are not excluded from complying
with the State Building Code.
NOTE: The purpose of this bill is to authorize municipalities to adopt and enforce the most recent edition of the ICC International Property Maintenance Code.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.